Whitney v. State

This was an indictment for rape, alleging that the defendant, “on the 27th day of December, 1870, at and in the county of Marion, and State aforesaid, did then and there, in and upon America Virt, a woman, forcibly and feloniously make an assault; and her, the said America Virt, then and there, unlawfully, forcibly, and against her will, feloniously ravish and carnally know, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Indiana.”

A motion to quash the indictment was made and overruled. The defendant pleaded not guilty, on…